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Financial obligations for the State of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted and otherwise made available. <br />5. Record Keeping Requirements. CSU shall maintain a complete file of all records, documents, <br />communications and other material which pertain to this agreement for a period of three (3) years from <br />the date of final payment under this agreement, unless CWCB requests that the records be retained for <br />a longer period. <br />6. CSU shall permit CWCB and federal agency, if any, monitoring and auditing of records and activities <br />which are or have been undertaken pursuant to this agreement. <br />7. Except as otherwise provided, the duties and obligations of CSU shall not be assigned, delegated or <br />subcontracted except with the express prior written consent of CWCB. All subcontractors will be <br />subject to the requirements of this agreement. <br />8. Except as otherwise stated this agreement shall inure to the benefit of and be binding only upon the <br />parties hereto and their respective successors and assigns. No third party beneficiary rights or benefits <br />of any kind are expressly or impliedly provided herein. <br />9. This Interagency Agreement constitutes the entire Agreement between the parties. All amendments <br />and/or changes shall be by written instrument executed by the parties hereto. The parties hereto have <br />caused this Interagency Agreement as of the date set forth below by their duly authorized <br />representatives. The rights and responsibilities of the parties under this contract shall not be assignable <br />without the prior written approval of the CWCB. <br />10. Any failure of either party to performance in accordance with the terms of this agreement shall <br />constitute a breach of the agreement. Any dispute concerning the performance of this agreement <br />which cannot be resolved at the divisional level shall be referred to superior departmental management <br />staff designated by each department. Failing resolution at that level, disputes shall be presented to the <br />executive directors of each department for resolution. Failing resolution by the executive directors, the <br />dispute shall be submitted in writing by both parties to the State Controller, whose decision on the <br />dispute shall be final. <br />11 Any of the parties shall have the right to terminate this agreement by giving the other party thirty (30) <br />days notice. If notice is given, the agreement will terminate days from the date of such notice, and the <br />liabilities of the parties hereunder for further performance of the terms of the agreements shall <br />thereupon cease, but the parties shall not be released from duty to perform up-to-the-date of <br />termination. <br />12. For the purpose of this contract, the individuals identified below are hereby designated representatives <br />of the respective parties. Either party may from time to time designate in writing new or substitute <br />representatives: <br />For CSU: <br />State of Colorado <br />Colorado State University <br />Attn: Timothy Gates and John Labadie <br />Dept. of Civil and Environmental Engineering <br />Fort Collins, Colorado 80523-1372 <br />(970) 491-5043 <br />email: tkg@engr.colostate.edu <br />For the CWCB: <br />State of Colorado <br />Department of Natural Resources <br />Colorado Water Conservation Board <br />Attn: Eric Hecox <br />1313 Sherman Street, Suite 721 <br />Denver, Colorado 80203 <br />(303)866-3441 ext. 3217 <br />email: eric.hecox@state.co.us <br />Page 2 of 3 Pages Form Revised September 2005